AGRO INPUTS LTD. (IN LIQN.) Vs. RAVISHANKAR TRADERS

JUDGEMENT

(1.) The applicant company when ordered to be wound up on 7-4-1995 in COP 23/94 filed this application on 28-6-1996 to recover Rs. 1,73,175 with interest at the rate of 12 per cent p.a. from the date of application on Rs. 1,28,956 from the respondent M/s. Ravishankar Traders, on the premise that the respondent was a trade debtor. This application is opposed by filing statement of objections dated 5-8-2008 of the respondent inter alia denying the claim including payment of Rs. 7,800 on 21-8-1993 to the applicant, and further that the application filed beyond time is barred by limitation. The respondent admitted that the Firm was registered with the Registrar of Firms under the Partnership Act, of which Mr. Ravishankar, S/o Sri. G. Rangoji Rao, was one of the partners.

(2.) The order sheet discloses that the matter was taken up before the Division Bench in OSA 22/04 and thereafter to the Supreme Court in S.L.P. 24025/05 whence, the SLP was allowed and the proceeding remitted to the Division Bench and on remand, the OSA was allowed and the proceeding stood remitted to this Court for fresh consideration.

(3.) On remand the parties entered trial, whence the Official Liquidator examined one witness as PW-1, marked five documents as Exs. P1 to P5, while for the respondent the Partner by name Ravishankar was examined as RW-1 and no documents were marked.